Fishers Guardianship Attorneys

Sound Guidance Parents Can Rely On

A minor child’s legal guardian is responsible for assuming parental duties for the child. Legal guardians have the authority and responsibility to make legal decisions for a minor child. Guardianship is an issue commonly addressed in the will of a dying parent, with the goal of posthumously ensuring their child’s security and welfare. In such cases, our Fishers guardianship lawyers at Massillamany Jeter & Carson can help.

If you have questions about establishing a guardianship plan for your child, please contact us online or call (317) 434-1490 for a complimentary case evaluation today.

Types of Guardianship

The court can appoint a guardian over a minor child, or over a physically or mentally incompetent person. For aging relatives, our elder law services may also apply. The guardian is generally responsible for the person, the person’s property and has decision-making power for them.

There are two types of guardianships: contested and uncontested (voluntary). Voluntary guardianship means the natural parent realizes it is in the best interest of their child to have someone else appointed as their child’s legal guardian. Either the parent is unfit or is not able to adequately support the proper growth and development of the child.

Contested guardianship is a more complex process. In a contested guardianship, the natural parent opposes/refutes the third party’s motion to obtain legal guardianship status over their child. In these situations, the court will determine what is in the best interest of the child and will evaluate the parent’s ability to provide care and support for the child.

Guardianships can be temporary or permanent. Temporary guardianship orders generally only remain in place for sixty (60) days. In order to be granted permanent guardianship, there must be a court hearing over the matter. Learn more about guardianships & conservatorships from an estate planning perspective.

How to Choose a Guardian

When choosing who to name as a guardian for your child, parents may want to consider the following factors:

• Presence in your child’s life. Does the prospective guardian genuinely care about your child’s welfare?
• Physical disabilities. Does the prospective guardian have the physical capacity to care for your child?
• Schedule. Does the prospective guardian have time to care for your child?
• Independent wealth. Does the prospective guardian have the financial resources to do the job?
• Morals. Does the prospective guardian share your beliefs and moral values?
• Location. Where does your prospective guardian live? Will your child have to leave behind an established life and/or routine to relocate?

Consult with Proficient Fishers Family Law Counsel

Our experienced Fishers family law attorneys at Massillamany Jeter & Carson are able to help clients through this difficult time period and understand that it may be necessary to act quickly to ensure the safety of a child.

Contact us online or call (317) 434-1490 to schedule your free initial consultation now.